Updated EU Antitrust Framework For Distribution: 7 Highlights That Companies Should Be Aware Of Now.

The EU has fundamentally reformed the rules of antitrust law regarding distribution: After a heated debate, the new Block Exemption Regulation (Vertical-BER) entered into force on June 1, 2022. Since then, the new Vertical Guidelines of the EU Commission also apply. Companies have time until May 31, 2023 to review their distribution agreements in light of the new rules and adapt them if necessary.

The new regulations apply to agreements between suppliers and buyers. These have always been the focus of antitrust law, especially when they impose sales restrictions/criteria on distributors. The Vertical BER grants companies a "safe harbor" and exempts restrictive agreements from the antitrust prohibition under certain conditions (e.g. a 30% market share threshold).